Section 8-1008. Implementation  


Latest version.
  • a.  The  agency  shall  phase  in language
      assistance services for covered functions as follows:
        1. As of the first day of the twenty-fourth month after the  effective
      date  of  the  local  law  that  added this chapter, no less than 20% of
      covered functions provided by agency offices.
        2. As of the first day of the forty-eighth month after  the  effective
      date  of  the  local  law  that  added this chapter, no less than 40% of
      covered functions provided by agency offices.
        3. As of the first day of the sixtieth month after the effective  date
      of  the  local  law  that  added this chapter, 100% of covered functions
      provided by agency offices.
        b. Contractors.
        1. In all covered contracts entered into or renewed after  January  1,
      2005, the contractor shall certify that it shall make available language
      assistance  services  and  maintain  and  provide  access  to records as
      required by this chapter.
        2. Every covered contract  must  contain  a  provision  in  which  the
      contractor  acknowledges  that the following responsibilities constitute
      material terms of the contract:
        (a) to provide  language  assistance  services  as  required  by  this
      chapter;
        (b)  to  comply  with the recordkeeping requirements set forth in this
      chapter;
        (c) to provide the city access to  its  records  for  the  purpose  of
      audits  or investigations to ascertain compliance with the provisions of
      this section, to the extent permitted by law; and
        (d) to provide  evidence  to  the  city  that  the  contractor  is  in
      compliance with the provisions of this section, upon request.
        3.  If  an  agency  contractor  enters into a subcontract agreement to
      provide  any  benefits  or  services  under  a  covered  contract,  that
      subcontract  will  be considered a covered contract for purposes of this
      section and the provisions of this section will bind the  subcontractor.
      Each  contractor is required to include the contract provision set forth
      in paragraph 2 of this subdivision in any such subcontract agreement.
        c. Implementation plans. Within eight months of the effective date  of
      the local law that added this chapter, the agency and each other covered
      agency  shall develop an implementation plan that describes how and when
      the agency or other covered agency will meet the requirements imposed by
      this chapter. The agency and each other covered agency shall  publish  a
      copy of its implementation plan.
        d.  Implementation  updates  and annual reports. No later than 90 days
      after the end of  each  calendar  year  after  the  publication  of  the
      implementation  plan  and  before implementation is complete, the agency
      and each other covered agency shall publish  an  implementation  update.
      The implementation update shall describe steps taken over the prior year
      to  implement  the  requirements  of this chapter and shall describe any
      changes in the agency or other covered agency's  plan  for  implementing
      the  remaining  requirements  of  the  local law that added this chapter
      before the date  set  forth  in  subdivision  a  of  this  section.  The
      implementation  update  for every year after 2004 shall include a report
      on the number of limited English proficient people served, disaggregated
      by language and by agency office or other  covered  agency  office.  Not
      later  than  90  days after the end of each calendar year beginning with
      2008, the agency and each other covered agency shall publish  an  annual
      report on language assistance services. At a minimum, this annual report
      of  the  agency,  each  agency  contractor and each other covered agency
      shall set forth the  information  required  to  be  maintained  by  this
      chapter.